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Introduction
The supply of services by Driver Safety in Motion Pty Ltd t/a Driver Safety Australia (“we“ or “us“ or “our“) to all its customers (“you“) is offered only and exclusively on the following terms and conditions. By requesting, ordering or otherwise permitting us to perform services for you, you hereby accept irrevocably and unconditionally our offer without derogation or qualification.
1.0 Definitions
In these conditions: “Conditions” means these Terms and Conditions; “Customer” or “you“ means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us; “services” means all services performed, not limited to Driver training, online or classroom or in-car supplied by us to you or on your behalf; “including“ is not a word of limitation and means without limitation; “Driver Safety Australia” or “we“ or “us“ or “our“ means Driver Safety in Motion Pty Ltd (ABN 83 794 731 790); and “Party“ and “Parties“ means (severally and not jointly) Driver Safety Australia and/or the Customer as the context requires.
2.0 Basis of Contract 2.1 Unless otherwise agreed by us in writing, these Conditions apply to every provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent. 2.2 Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 30 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not inconsistent with these Conditions.
3.0 Charges and Payment
Payment for services must be made by credit card or bank transfer for approved customers, on or prior to the rendering of the services unless you have a credit account with us.
4.0 Payment Default
4.1 If you default in the payment by the due date of any amount payable to us, or if any cheque drawn by you is dishonoured, then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:- (a) charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging a debt collection agency to seek to recover the amounts due); and (b) cease or suspend for such period as we think fit, supply of any further services to you; and 26 October 2017v1
(c) by notice in writing to you, terminate any contract with you so far as performed by us; without effect on our accrued rights under this or any other any contract.
4.2 Clause 4.1 may also be relied upon, at our option: (a) where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or (b) where you are a corporation, you enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.
5.0 Driver Safety Australia Warranties
5.1 We shall honour all terms, conditions and obligations (if any) that are implied or imposed under applicable State or Commonwealth laws concerning the performance of the services and nothing in these Conditions seeks to restrict, modify, limit or exclude such terms, conditions or obligations. Our express warranty and guarantee are in addition to and do not affect your statutory rights and remedies (if any).
5.2 we, and each of the Service Personnel, has the level of skill, knowledge, experience and ability which may be expected of a professional organisation or individual, as applicable, experienced in providing services of the type and complexity of the Services.
6.0 Notices to the Contractor
Notices to the contractor should be addressed to:
Russell White
PO Box 1551
Oxenford Qld 4210
Telephone: 1300 264 199
Email: [email protected]
7.0 Privacy
Driver Safety in Motion Pty Ltd t/a Driver Safety Australia (ABN 83 794 731 790) respects your privacy and is committed to its protection. We are bound by the Australian Privacy Principals of the Privacy Act 1988(Cth).
Driver Safety Australia collects the information you give us either online, by email or over the phone. In most cases, the personal information Driver Safety Australia will collect from you is the personal information required in order to provide services to you, and also for ongoing support of those services. This information includes your full name, mailing address, phone number, email address, and ABN.
We DO NOT collect your payment details such as your credit card number or bank account details.
Driver Safety Australia makes limited use of cookies on our website. A cookie is a small message given to your web browser by our web server in order to store information about user preferences. 26 October 2017v1
We use cookies to provide information on our product offerings through content networks across the internet, to track your interaction with our website and to personalise your experience on our website. You always have the option to disable cookies by turning them off in your browser, but you may find that this reduces the functionality of our website.
We do not supply your personal information to any third parties.
Our relationships with third party service providers are governed by our contracts with them. Those service contracts contain privacy and confidentiality provisions which are consistent with the Australian Privacy Law obligations.
If you believe that Driver Safety Australia may hold other personal information about you which is inaccurate, or you wish to change or update any of the personal information you have provided, please contact us.
The transfer of information across any media may involve a certain degree of risk, and the Internet is no different. However, helping you to keep your information secure is very important to Driver Safety Australia.
In order to protect the security of personal information transmitted to Driver Safety Australia online, our Web servers support the use of the Secure Socket Layer (SSL) Protocol where appropriate. Using this protocol, information transferred between our systems is encrypted.
You can use simple precautions to help protect your security, such as protecting against the unauthorised use of your username or password or other authentication id.